Frank Pommersheim
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199915736
- eISBN:
- 9780190260262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199915736.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter analyzes the following cases: Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia. It examines how they established some of the basic principles of Indian law and ...
More
This chapter analyzes the following cases: Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia. It examines how they established some of the basic principles of Indian law and their enduring legacy and challenges to the modern application of Indian law. It focuses on the issue of land acquisition and how this affects Indian tribal territory and sovereignty. It also discusses the role of cartography and translation in the possibility of harming and dispossessing indigenous people by comparing the situation of the Indian tribes to Ireland and the Middle East, both lands with indigenous people who were powerfully attached to landscape.Less
This chapter analyzes the following cases: Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia. It examines how they established some of the basic principles of Indian law and their enduring legacy and challenges to the modern application of Indian law. It focuses on the issue of land acquisition and how this affects Indian tribal territory and sovereignty. It also discusses the role of cartography and translation in the possibility of harming and dispossessing indigenous people by comparing the situation of the Indian tribes to Ireland and the Middle East, both lands with indigenous people who were powerfully attached to landscape.
Frank Pommersheim
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199915736
- eISBN:
- 9780190260262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199915736.003.0003
- Subject:
- Law, Constitutional and Administrative Law
This chapter explores the need of the newly formed union to establish a functioning republic and how this affected Native American Indian tribal sovereignty. It examines how the Constitutional ...
More
This chapter explores the need of the newly formed union to establish a functioning republic and how this affected Native American Indian tribal sovereignty. It examines how the Constitutional Convention of 1787 rethought the structure of the federal government in relation to states, which includes the Indian tribes. This chapter also looks at how the newly formed Constitution affected tribal sovereignty and India law. It discusses the Iroquois Confederacy which adopted rules of governance in what became known as the Haudenosaunee Constitution, or the Great Law of Peace.Less
This chapter explores the need of the newly formed union to establish a functioning republic and how this affected Native American Indian tribal sovereignty. It examines how the Constitutional Convention of 1787 rethought the structure of the federal government in relation to states, which includes the Indian tribes. This chapter also looks at how the newly formed Constitution affected tribal sovereignty and India law. It discusses the Iroquois Confederacy which adopted rules of governance in what became known as the Haudenosaunee Constitution, or the Great Law of Peace.
Thomas Grillot
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780300224337
- eISBN:
- 9780300235326
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300224337.001.0001
- Subject:
- History, American History: 20th Century
This book depicts a forgotten history that explores how army veterans returning to reservation life after World War I transformed Native American identity. Drawing from archival sources and oral ...
More
This book depicts a forgotten history that explores how army veterans returning to reservation life after World War I transformed Native American identity. Drawing from archival sources and oral histories, the book demonstrates how the relationship between Native American tribes and the United States was reinvented in the years following World War I. During that conflict, 12,000 Native American soldiers served in the U.S. Army. They returned home to their reservations with newfound patriotism, leveraging their veteran cachet for political power and claiming all the benefits of citizenship—even supporting the termination policy that ended the U.S. government's recognition of tribal sovereignty.Less
This book depicts a forgotten history that explores how army veterans returning to reservation life after World War I transformed Native American identity. Drawing from archival sources and oral histories, the book demonstrates how the relationship between Native American tribes and the United States was reinvented in the years following World War I. During that conflict, 12,000 Native American soldiers served in the U.S. Army. They returned home to their reservations with newfound patriotism, leveraging their veteran cachet for political power and claiming all the benefits of citizenship—even supporting the termination policy that ended the U.S. government's recognition of tribal sovereignty.
Frank Pommersheim
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199915736
- eISBN:
- 9780190260262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199915736.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the early contact between European settlers and the Native American Indian tribes, and how these encounters played a role in establishing the foundation and early development of ...
More
This chapter examines the early contact between European settlers and the Native American Indian tribes, and how these encounters played a role in establishing the foundation and early development of Indian law and sovereignty. It enumerates the general legal and policy rationales that brought the Europeans into North America in the first place: papal edict, first discovery, sustained possession, voluntary self-subjection of native people, and armed conquest. It discusses the role of commerce and trade in colonization. It also compares the idea of ownership between the two communities and how this led to conflict. Additionally, the chapter describes how the Articles of Confederation of the colonies further strained relations with the tribes.Less
This chapter examines the early contact between European settlers and the Native American Indian tribes, and how these encounters played a role in establishing the foundation and early development of Indian law and sovereignty. It enumerates the general legal and policy rationales that brought the Europeans into North America in the first place: papal edict, first discovery, sustained possession, voluntary self-subjection of native people, and armed conquest. It discusses the role of commerce and trade in colonization. It also compares the idea of ownership between the two communities and how this led to conflict. Additionally, the chapter describes how the Articles of Confederation of the colonies further strained relations with the tribes.
Gregory D Smithers
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780300169607
- eISBN:
- 9780300216585
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300169607.001.0001
- Subject:
- Society and Culture, Native American Studies
The Cherokee are one of the largest Native American tribes in the United States, with more than 300,000 people across the country claiming tribal membership and nearly one million people ...
More
The Cherokee are one of the largest Native American tribes in the United States, with more than 300,000 people across the country claiming tribal membership and nearly one million people internationally professing to have at least one Cherokee Indian ancestor. This book uncovers the origins of the Cherokee diaspora and explores how communities and individuals have negotiated their Cherokee identities, even when geographically removed from the Cherokee Nation headquartered in Tahlequah, Oklahoma. Beginning in the eighteenth century, the book transports the reader back in time to tell the poignant story of the Cherokee people migrating throughout North America, including their forced exile along the infamous Trail of Tears (1838–1839). The book tells a remarkable story of courage, cultural innovation, and resilience, exploring the importance of migration and removal, land and tradition, culture and language in defining what it has meant to be Cherokee for a widely scattered people.Less
The Cherokee are one of the largest Native American tribes in the United States, with more than 300,000 people across the country claiming tribal membership and nearly one million people internationally professing to have at least one Cherokee Indian ancestor. This book uncovers the origins of the Cherokee diaspora and explores how communities and individuals have negotiated their Cherokee identities, even when geographically removed from the Cherokee Nation headquartered in Tahlequah, Oklahoma. Beginning in the eighteenth century, the book transports the reader back in time to tell the poignant story of the Cherokee people migrating throughout North America, including their forced exile along the infamous Trail of Tears (1838–1839). The book tells a remarkable story of courage, cultural innovation, and resilience, exploring the importance of migration and removal, land and tradition, culture and language in defining what it has meant to be Cherokee for a widely scattered people.
Frank Pommersheim
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199915736
- eISBN:
- 9780190260262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199915736.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This introductory chapter briefly discusses the interactions between the Native American Indian tribes and the United States of America. It analyzes these encounters through the lens of four primary ...
More
This introductory chapter briefly discusses the interactions between the Native American Indian tribes and the United States of America. It analyzes these encounters through the lens of four primary themes: commerce and land acquisition, diplomacy and war, cultural difference, and physical separation. The chapter also looks at how the United States Congress reacted to this increased cooperation by enacting laws to recognize tribal sovereignty, and how it disregarded this through the judiciary by citing landmark cases such as Lone Wolf v. Hitchcock. In addition, this chapter examines the role of past historical events in Indian law and affairs concerning the issue of tribal sovereignty, and looks into how these could help present matters.Less
This introductory chapter briefly discusses the interactions between the Native American Indian tribes and the United States of America. It analyzes these encounters through the lens of four primary themes: commerce and land acquisition, diplomacy and war, cultural difference, and physical separation. The chapter also looks at how the United States Congress reacted to this increased cooperation by enacting laws to recognize tribal sovereignty, and how it disregarded this through the judiciary by citing landmark cases such as Lone Wolf v. Hitchcock. In addition, this chapter examines the role of past historical events in Indian law and affairs concerning the issue of tribal sovereignty, and looks into how these could help present matters.
Robert V. Haynes
- Published in print:
- 2010
- Published Online:
- September 2011
- ISBN:
- 9780813125770
- eISBN:
- 9780813135434
- Item type:
- book
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813125770.001.0001
- Subject:
- History, American History: 19th Century
Originally inhabited by Native American tribes, territorial Mississippi has a complex history rife with fierce contention. Since 1540, when Hernando de Soto of Spain journeyed across the Atlantic and ...
More
Originally inhabited by Native American tribes, territorial Mississippi has a complex history rife with fierce contention. Since 1540, when Hernando de Soto of Spain journeyed across the Atlantic and became the first European to stumble across its borders, the territory has been the center of passionate international disagreements. After numerous boundary shifts, Mississippi was finally admitted as the twentieth state of the Union on December 10, 1817. This book does more than recount history; it explores the political and diplomatic situations that led to the formation and expansion of the Mississippi Territory. This extensively researched book details critical events in Mississippi's rich history, such as ongoing border violence, the arrest of infamous traitor Aaron Burr, and the bloody Creek War.Less
Originally inhabited by Native American tribes, territorial Mississippi has a complex history rife with fierce contention. Since 1540, when Hernando de Soto of Spain journeyed across the Atlantic and became the first European to stumble across its borders, the territory has been the center of passionate international disagreements. After numerous boundary shifts, Mississippi was finally admitted as the twentieth state of the Union on December 10, 1817. This book does more than recount history; it explores the political and diplomatic situations that led to the formation and expansion of the Mississippi Territory. This extensively researched book details critical events in Mississippi's rich history, such as ongoing border violence, the arrest of infamous traitor Aaron Burr, and the bloody Creek War.
